TexasCHLforum.com

A thought just occurred to me...

What happens during that short time between manufacture pending and receiving it in the mailbox if you get pulled over, have a gun in your car. Are you still covered under the MPA and the CHL doesn't apply? Is the LEO going to know this or understand?

This very thing happened to my BIL. He was pulled over for a burned out taillight. After the officer ran his DL he asked if he had a weapon in the car. He said he did. The officer asked why he had not given him his CHL when he asked for ID. BIL stated he had completed all the requirements but hadn't received plastic yet. The officer smiled and said its probably in your mailbox.
Officer told him to have a good evening. End of story. Oh, it was in the mailbox when he got home.

jmra wrote:This very thing happened to my BIL. He was pulled over for a burned out taillight. After the officer ran his DL he asked if he had a weapon in the car. He said he did. The officer asked why he had not given him his CHL when he asked for ID. BIL stated he had completed all the requirements but hadn't received plastic yet. The officer smiled and said its probably in your mailbox.
Officer told him to have a good evening. End of story. Oh, it was in the mailbox when he got home.

^This.

Since the OP asks about the car, I think he already knows -- but it's good to keep in mind that even though the license has been approved, one is not legal to conceal carry until the plastic arrives and is also carried.

RX8er wrote:A thought just occurred to me...

What happens during that short time between manufacture pending and receiving it in the mailbox if you get pulled over, have a gun in your car. Are you still covered under the MPA and the CHL doesn't apply? Is the LEO going to know this or understand?

You're still covered by MPA even after you receive your license. For example, if you left your license at home, you could still conceal in your car and be OK. If you had a revolver only CHL, you could carry a semi in your car. But, in both these cases, you could not carry outside of your vehicle.

Thanks folks. I figured as much.

ScottDLS wrote:

RX8er wrote:A thought just occurred to me...

What happens during that short time between manufacture pending and receiving it in the mailbox if you get pulled over, have a gun in your car. Are you still covered under the MPA and the CHL doesn't apply? Is the LEO going to know this or understand?

You're still covered by MPA even after you receive your license. For example, if you left your license at home, you could still conceal in your car and be OK. If you had a revolver only CHL, you could carry a semi in your car. But, in both these cases, you could not carry outside of your vehicle.

I don't know if I missed something but can you show me where a CHL holder is covered under MPA in the law? I have seen these discussions and opinions but never anything I could show someone who might ask me about this. I know a CHL is required to show their license and there is no penalty if they don't but that doesn't seem to put us in a category of being covered by MPA. We are still required to inform the LEO we are a CHL holder and are armed if asked for ID where a non-CHL holder is not obligated to say anything unless they are asked if they have a gun in the car. If a CHL doesn’t have a gun in the car they don’t have to inform and MPA doesn’t apply anyway but a CHL is still a CHL. I understand the gap between the CHL being issued and having the plastic but not where the law states a person is a CHL holder in a vehicle only if they have the license in their possession. Isn't claiming a CHL is covered by MPA just opinion? I am not bashing anyone and want to learn as much as I can about the law. Thanks for your reply.

The way I understand it; MPA applied to you before you obtained a CHL.
You don't lose rights because you now have a CHL.
Do I have it wrong?

shootthesheet wrote:I don't know if I missed something but can you show me where a CHL holder is covered under MPA in the law?

A better question is can you show where a CHL holder is excluded from the MPA law, especially if the plastic is not in their possession so 46.15 doesn't apply? There's still a requirement to display the license you don't have, but that's what we get for reelecting legislators like Straus, Burnam and Gallegos.

Tamie wrote:

shootthesheet wrote:I don't know if I missed something but can you show me where a CHL holder is covered under MPA in the law?

A better question is can you show where a CHL holder is excluded from the MPA law, especially if the plastic is not in their possession so 46.15 doesn't apply? There's still a requirement to display the license you don't have, but that's what we get for reelecting legislators like Straus, Burnam and Gallegos.

It really has to do with explaining how MPA covers a CHL holder to a hostile LEO and prosecutor that is my issue. I think we would win in court but except for internet opinion there is no clear answer I have seen. So, I don't think we should rely on thinking MPA covers us. It should never be an issue but with some of our cities going anti-freedom on us we cannot afford to assume and that is my point.

What was that emoticon that covered this? Oh, yeah...


















Note to RX8er: not poking at you, I promise. The whole MPA does/does not cover CHLers has been debated a few times, though...

I just got finished talking with a DPD, Love Field Unit LEO and he was unsure of how to handle it if he came across it. When he runs you and his screen updates that you have a CHL, he will ask if you are "carrying" or "armed" and if you say no, but I have one in my glove box he feels this is okay. He's going to run the question up the flag pole and see what he is told.

His comment was that if you have it concealed in your car then MPA should take over but he knows some LEOs feel that once you have a CHL, if you have "access" to a gun, then you better have your CHL with you.

RX8er wrote:I just got finished talking with a DPD, Love Field Unit LEO and he was unsure of how to handle it if he came across it. When he runs you and his screen updates that you have a CHL, he will ask if you are "carrying" or "armed" and if you say no, but I have one in my glove box he feels this is okay. He's going to run the question up the flag pole and see what he is told.

His comment was that if you have it concealed in your car then MPA should take over but he knows some LEOs feel that once you have a CHL, if you have "access" to a gun, then you better have your CHL with you.

This is the kind of cloudy stuff in the Penal Code that can leave you scratching your head sometimes.